Daniel A. Rodriguez v. United States
Does a silent Plea foreclose a defendant
From filing a Motion for Newls Discovered
Evidence. Pursuant to Rule
33.
Where:
a)
the statute is ambigous. As it does not
directiy Prohibit a defendant that his trial
was in form of a Plea:
6)
his Plea wass
sans
waivers;
the Newly discovered evidence, admitedly.
c)
discovered Post -Sentencings Plea : AppxC
was
(P
the
Constitutional ramifications under Due
PrOCesS:
the Nawly discovered evidence
)
would have
altered the outcome of
the
case:
And where, no other
GPoWaJ
exist.,
,..
9)
Also where neither 4
the Government or the
District Court Oblect to Rule 33 as wrong vehicle.
Does a Silonk Plea Foraclose a ddfondant From flint a Mlohion For Newly Discovered Evitelone@.